Vermont Law School COP21/CMP11

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Approving Decisions on a WIM

After many late night negotiations the Subsidiary Bodies (SBs), the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Science and Technological Advice (SBSTA), came to a surprising agreement on both issues related to the Warsaw International Mechanism (WIM) for Loss and Damage associated with Climate Change Impacts in their 45th sessions. The main agenda items related to Loss and Damage (L&D) for SBI45 and SBSTA45 were item 11 and 5 respectively, but since these items were originally to be considered by a joint session of the SBs, they resulted in the same draft conclusions proposed by the Chair of the SBI, Tomasz Chruszczow, and the Chair of the SBSTA, Carlos Fuller.

Chair of the SBSTA, Carlos Fuller

The first issue established the indicative framework for the WIM’s five-year rolling workplan to include a strategic work stream to guide the WIM in enhancing action and support through finance, technology, and capacity building. This step is crucial to understand L&D and provide the COP with a range of strategic activities as it goes beyond the initial 20-year workplan. This decision also extends an input invitation to, not just parties, but also “relevant organizations.” However, this decision alone falls short of the SB’s directive. In decision 2/CP.19, the COP called for a review of the WIM at COP22. This aspect incited contentious debate among the parties. Delegations disagreed as to the terms of reference to be used during the WIM review. Through the dedicated leadership of the co-facilitators, Alf Willis from South Africa and Beth Lavender of Canada, the parties eventually reached a decision on the draft conclusion to be recommended to COP22. If the COP accepts the draft, the WIM will be periodically reviewed no more than five years apart with the next review to be in 2019. The terms of reference for each review will be determined no later than six months before the review.